Legal Question in Administrative Law in California

Employee

An Employee who was with us couple of months is asking for money more than what he has signed on the offer letter or contract.

Now he wants to go for a case.

What are Employer rights and how can he be protected


Asked on 11/08/07, 5:18 pm

3 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: Employee

If I understand your question correctly, you made the person an offer which he accepted. After a couple months of employment, he's asking for a raise. Am I right?

He has a right to ask for a raise, and you have a right to say "no." However, if he is asking for payment of overtime or payment of commissions owed him under your employment contract, that is a protected activity in which he is entitled to engage. Don't fire him if he's engaging in these protected activities.

We'd all love a raise - doesn't mean we have any legal entitlement to one. Please contact my office if you have further questions.

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Answered on 11/08/07, 5:27 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Employee

Your question is a little vague. You may consider having an Attorney review the employment contract and advise you as to your specific situation.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 11/08/07, 5:33 pm
Terry A. Nelson Nelson & Lawless

Re: Employee

If you are right in the position you state, then simply tell him no. Sit him down and explain your position and facts. I don't suggest you fire him without strong grounds other than this dispute, as that would appear to be retaliatory. If he files a claim with the Labor Commissioner, you can defend it there. Feel free to contact me if serious about getting legal help if that happens.

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Answered on 11/08/07, 7:42 pm


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